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HomeMy WebLinkAbout2013.10.21 Council Meeting PacketAGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. October 21, 2013 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated October 7, 2013. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) To approve General Claims in the amount of $2,304,022.81 ($137,170.07 in the form of Electronic Fund Transfer Nos. 16841, 16843, 16856, 16857, 16915 and 16940; and $2,166,852.74 in the form of Wire Transfer Nos. 1369 and 1370; and Claim Warrants numbered 195079 through 195316). 2. To approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non - criminal, criminal, and parking) accounts receivable in the total amount of $265,915.82 and, of that amount, authorize $183,016.36 be turned over for collection. (c) Tourism Promotion Area: 1, Agenda Report from Gary Crutchfield, City Manager dated October 9, 2013. 1 2014 TPA Business and Marketing Plan (provided in 10/14/13 Council packets; copy available in City Manager's office for public review). 3. 2014 TPA Budget Summary. To approve the 2014 Business and Marketing Plan and Operating Budget for the Tourism Promotion Area in the total amount of $1,060,000. (d) City Hall Repairs: 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated October 3, 2013. 2. PSA Summary Sheet, Vineyard Country Building and Design, Inc. 3. PSA Summary Sheet, Matheson Painting, Inc. To approve the Professional Services Agreement with Vineyard Country Building and Design Inc., for repairs to City Hall exterior and, further, authorize the City Manager to sign the Agreement. -AND - To approve the Professional Services Agreement with Matheson Painting, Inc., for repairs to City Hall exterior and, further, authorize the City Manager to sign the Agreement. (e) Resolution No. 3516, a Resolution of the City of Pasco adopting findings in support of retention of the moratorium prohibiting producing, processing and retail sales of recreational marijuana within the city. 1. Agenda Report from Rick White, Community & Economic Development Director dated October 8, 2013. 2. Proposed Resolution. To approve Resolution No. 3516, with a 12 -month term that adopts findings in support of retention and extension of the moratorium on the issuance of licenses relating to recreational marijuana. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (e) Regular Meeting 2 October 21, 2013 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND /OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Finance Manager: General Fund Operating Statement through September 2013. (c) 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (None) 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (a) Water Extension Agreement (Burns/Kohler Roads): 1. Agenda Report from Gary Crutchfield, City Manager dated October 10, 2013. 2. Vicinity Map. 3. Proposed Agreement. MOTION: I move to approve the water system extension agreement with Big Sky LLC and Ted Tschrky and, further, authorize the City Manager to sign the agreement. (b) Road 60 and Three Rivers Drive Park Architectural Services: 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated October 3, 2013. 2. Vicinity Map. 3. PSA Summary Sheet. MOTION: I move to approve the Professional Services Agreement with CKJT Architects for design of the Road 60 and Three Rivers Drive Park and, further, authorize the City Manager to sign the Agreement. 11. MISCELLANEOUS (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File #...... Q Quasi - Judicial Matter Regular Meeting 3 October 21, 2013 REMINDERS: 1. 6:00 p.m., Monday, October 21, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) 2. 7:30 a.m., Tuesday, October 22, 7130 W. Grandridge Blvd — Tri- Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 3. 7:30 a.m., Tuesday, October 22, Pasco High School DECA Proclamation Presentation. (MAYOR MATT WATKINS) 4. 5:00 p.m., Tuesday, October 22, TRAC — TRAC Advisory Board Meeting. (COUNCILMEMBERS REBECCA FRANCIK and AL YENNEY) 5. 5:30 p.m., Thursday, October 24, 710 W. Court Street — Benton - Franklin Community Action Connections Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) REGULAR MEETING CALL TO ORDER: MINUTES PASCO CITY COUNCIL OCTOBER 7, 2013 The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Metzger, Police Chief, Bob Gear, Fire Chief and Mike Pawlak, City Engineer. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated September 16, 2013. (b) Bills and Communications: To approve General Claims in the amount of $2,430,678.67 ($253,559.56 in the form of Electronic Fund Transfer Nos. 16546, 16624, 16720 and 16776; and $2,177,119.11 in the form of Wire Transfer Nos. 1359, 1360, 1362, 1363, 1364, 1365 and 1368; and Claim Warrants numbered 194852 through 195078). To approve Payroll Claims in the amount of $2,413,840.52, Voucher Nos. 46087 through 46197 and 80310 through 80319; and EFT Deposit Nos. 30061952 through 30062564. (c) Library Improvements: To approve the expenditure, not to exceed $15,000 for exterior painting and sign replacement at the library facility at 1320 W. Hopkins. (d) Resolution No. 3514, a Resolution fixing the time and date for a public hearing to consider vacating a portion of an unnamed street in the NP Plat. To approve Resolution No. 3514, setting 7:00 p.m., Monday, November 4, 2013 as the time and date to conduct a public hearing to consider vacating a portion of the unnamed street right -of -way between South First Avenue and the BNSF railroad right -of -way. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Watkins presented Certificates of Appreciation for September 2013 "Yard of the Month" to: Jose and Maria Guzman, 931 W. Brown Street Marcia Wickham, 1204 N. Road 37 Kirk and Tara Nebeker, 4916 Lucena Drive Rosalio and Annet Prieto, 7814 W. Court Street Mayor Watkins presented a Certificate of Appreciation for September 2013 "Business Appearance of the Month" to: Best Western Plus Pasco hm & Suites, 2811 N. 20th Avenue 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 7, 2013 VISITORS - OTHER THAN AGENDA ITEMS: Dr. Robert Kopp, Blue Cross Animal Hospital, 1912 N. 4s' Ave., inquired about the City sharing the cost of his parking lot improvements within the Fourth Ave. Corridor Project. Ms. Daisy Vargas, 912 N. Opal St., inquired about the procedures for painting murals on downtown buildings. Mr. John Talbot, 6712 W. Octave St., addressed Council about the Lewis St. overpass project. REPORTS FROM COMMITTEES AND /OR OFFICERS: Mr. Garrison gave the welcoming address at the Goodwill Retail and Employment Center Ribbon Cutting Event. Mayor Watkins gave the welcoming address at the APWA Fall Conference and commented on the AWC Regional Meeting. Mr. Yenney attended the Benton Franklin Council of Governments' Community Economic Development Strategy meeting and the AWC Regional Meeting. Mr. Hoffmann attended the Franklin County Mosquito Control District meeting. Mr. Larsen reported on the Emergency Medical Services Board meeting. Mr. Martinez attended the AWC Regional Meeting and noted he was unable to attend the Park and Recreation Advisory Board meeting, which toured the City parks. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: LID 148 Final Assessment Roll. MAYOR WATKINS REOPENED THE PUBLIC HEARING TO CONSIDER LID 148. Mr. C.W. Brown, 631 S. Waldemar Ave., asked how the sewer connection fee is calculated. Mr. Bobby Sparks, 125 S. Elm St., would like to add his sewer connection fee to his LID fees. Council and staff discussed the details of the LID. MOTION: Ms. Francik moved to continue the public hearing to the November 4 meeting to accommodate property owner's requests to add connection fees to the LID. Mr. Martinez seconded. Motion carried unanimously. LID 149 Final Assessment Roll. MAYOR WATKINS REOPENED THE PUBLIC HEARING TO CONSIDER LID 149. Mr. Bobby Sparks, representing New Hope Missionary Baptist Church, inquired about improvements they previously made to their property and whether they are being charged again. Ms. Daisy Vargas, 912 N. Opal St., noted she will relate the information in this discussion to the Spanish speaking property owners. Council and staff discussed the details of the LID. MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 7, 2013 MOTION: Ms. Francik moved to continue the public hearing to the November 4 meeting to accommodate property owner's requests to add connection fees to the LID and review the formula used in calculating the assessment. Mr. Martinez seconded. Motion carried unanimously. Recreational Marijuana (MF#CA2013 -005). Mr. White explained the details of the marijuana moratorium. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE MARIJUANA MORATORIUM. Mr. Eric Collea, inquired about recent clarification from the Washington State Attorney General's Office and the tax benefits of dispensaries. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Council concurred to extend the moratorium and will continue discussion at the next workshop meeting. Street Vacation (MF#VAC2013 -005) A Portion of Sandifur Parkway (Old Standard Life Insurance). Council and staff discussed the details of the proposed vacation. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED VACATION. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 4117, an Ordinance vacating a portion of Sandifur Parkway. MOTION: Ms. Francik moved to adopt Ordinance No. 4117, vacating a portion of Sandifur Parkway and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Ordinance No. 4118, an Ordinance prohibiting parking on various streets, amending Section 10.56.080 of the Pasco Municipal Code. Council and staff discussed the details of the proposed ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4118, adding parking restrictions on certain streets and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Ordinance No. 4122, an Ordinance of the City of Pasco, Washington, amending the zoning classification of property located at 120, 124 and 132 W. Shoshone Street from C -3 (General Business) to R -3 (Medium- Density Residential). Council and staff discussed the details of the proposed ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4122, rezoning the property located at 120, 124 and 132 W. Shoshone Street from C -3 to R -3 and, further, authorize publication by summary only. Mr. Hoffinann seconded. Motion carried unanimously. MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 7, 2013 TPA Room Assessment Increase. Council and staff discussed the details of the proposed assessment increase. Ordinance No. 4123, an Ordinance of the City of Pasco, Washington amending Section 3.99.010 "Authorization of Special Lodging Assessment" increasing the assessment from $1.50 per night of stay to $2.00 per night of stay. MOTION: Ms. Francik moved to adopt Ordinance No. 4123, increasing the Special Lodging Assessment to $2.00 per night effective January 1, 2014 and, finther, authorize publication by summary only. Mr. Larsen seconded. Motion carried unanimously. MOTION: Ms. Francik moved to approve the Amendment to the Interlocal Agreement for the Tri-City TPA and authorizing an increased room assessment effective January 1, 2014 and, further, authorize the Mayor to sign the Amendment. Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3515, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for Farming Operations in the 7500 block of Argent Road. Council and staff discussed the details of the special permit. MOTION: Ms. Francik moved to approve Resolution No. 3515, approving the Special Permit for farming operations on the 7500 block of Argent Road as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried unanimously. NEW BUSINESS: Interlocal Agreement for School Security Fencing: MOTION: Ms. Francik moved to approve Amendment No. 1 to the Interlocal Agreements with Pasco School District providing standards for security fencing at Maya Angelou Elementary, James McGee Elementary, Virgie Robinson Elementary and any fixture joint project sites and, finther, authorize the City Manager to sign the Agreement. Mr. Garrison seconded. Motion carried unanimously. Customer Service Representative Position: Council and staff discussed the details of the proposed position. MOTION: Ms. Francik moved to authorize the City Manager to upgrade a 3/4 time Department Assistant I position to a full time Department Assistant II position in the Administrative and Community Services Finance Division. Mr. Yenney seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Yenney noted the Kurtzman Spray Park project is out for bid. Mr. Hoffinann reported a citizen complimented the street sweepers and suggested that neighborhoods be notified of the street sweeper schedule to allow for voluntary removal of vehicles from the street. Mr. Crutchfield and Chief Metzger explained the details of a grant available for gang outreach. MOTION: Ms. Francik moved to endorse a letter of support of the Benton and Franklin Counties Comprehensive Gang Initiative as requested by FIRME Outreach. Mr. Yenney seconded. Motion carried unanimously. E REGULAR MEETING EXECUTIVE SESSION: MINUTES PASCO CITY COUNCIL OCTOBER 7, 2013 Council adjourned to Executive Session at 8:43 p.m. for approximately 20 minutes to discuss acquisition of Real Estate and litigation or potential litigation with the City Manager and the City Attorney. Mayor Watkins called the meeting back to order at 9:04 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 9:04 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 21s` day of October, 2013. CITY OF PASCO Council Meeting of: October 21, 2013 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the s rvices rende or the labor performed as described herein and that the claim is a just, due and unpaid obli ion ag inst the city and that we are authorized to authenticate and certify to said claim. Gary Crutlhfie dAMaYqW Du ye Firdince Services anager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 21 day of October, 2013 that the merchandise or services hereinafter specified have been received: Check Numbers and 195079- 195316 In The Amount Of: $ 2,166,852.74 Electronic Funds Transfers: 1369, 1370 In The Amount Of: $ 137,170.07 Electronic Funds Transfers: 16841, 16643, 16856 (Journal Entries) 16857, 16915, 16940 Combined total of $2,304,022.81 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND: 240.00 Legislative 12,435.62 Judicial 2,458.15 Executive 67,322.81 Police 16,219.08 Fire Administration & Community Services 73,367.80 Community Development 2,560.05 Engineering 2,463.97 Non - Departmental 38,425.44 Library 2,665.49 TOTAL GENERAL FUND: 2%mISSA1 STREET 24,648.72 ARTERIAL STREET 0.00 STREET OVERLAY 0.00 C. D. BLOCK GRANT 4,328.78 HOME CONSORTIUM GRANT 61.54 NSP GRANT 0'00 KING COMMUNITY CENTER 1,881.12 AMBULANCE SERVICE 6,637.45 CEMETERY 2,716.95 ATHLETIC PROGRAMS 61.30 GOLF COURSE 54,134.05 SENIOR CENTER OPERATING 5,190.16 MULTI MODAL FACILITY 1,806.67 SCHOOL IMPACT FEES 79,611.00 RIVERSHORE TRAIL & MARINA MAIN 238.58 LITTER CONTROL 1,114.35 REVOLVING ABATEMENT 2,480.29 TRAC DEVELOPMENT & OPERATING 0'00 ECONOMIC DEVEL & INFRASTRUCT 21,548.08 STADIUMICONVENTION CENTER 2,834.14 GENERAL CAP PROJ CONSTRUCTION 1,261,363.12 WATERISEWER 391.082.80 EQUIPMENT RENTAL - OPERATING GOVERNMENTAL 33,244.75 EQUIPMENT RENTAL - OPERATING BUSINESS 14,349.43 EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL 1,694.68 EQUIPMENT RENTAL - REPLACEMENT BUSINESS 0.00 MEDICAUDENTAL INSURANCE 134,425.77 CENTRAL STORES 0.00 PAYROLL CLEARING 39,600.36 LID CONSTRUCTION 0'00 PUBLIC FACILITIES DIST 0.00 TRI CITY ANIMAL CONTROL 810.31 SENIOR CENTER ASSOCIATION 0.00 GRAND TOTAL ALL FUNDS: $ 2,304,022.81 3(b).1 AGENDA REPORT FOR: City Council DATE: October 16, 2013 TO: Gary Crutchfield, City Manager REGULAR: October 21, 2013 Rick Terway, Administrative & Communi rvices Director FROM: DunyeIe Mason, Financial Sery ices Mang ;Z1 SUBJECT: BAD DEBT WRITR OFF'S /nnLLECTION. I. REFERENCE (S): Write -off and collection lists are on file in the Finance Department. II. ACTION REOUESTFD OF COT iNCIL /STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non - criminal, criminal, and parking) accounts receivable in the total amount of $265,915.82 and, of that amount, authorize $183,016.36 be turned over for collection. HI. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write -offs are under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases.' 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non - criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un- collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY — These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. TOTAL: $ 82,899.46 183,016.36 265,915.82 IV. ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk 3(b).2 Amount Direct Referred to Total Write -offs Collection Write -offs Utility Billing $ 177.41 6,192.65 6,370.06 Ambulance $ 80,879.93 23,603.01 104,482.94 Court A/R $ .00 148,563.00 148,563.00 Code Enforcement $ 1,842.12 4,435.00 6,277.12 Cemetery $ .00 .00 .00 General $ .00 142.70 142.70 Miscellaneous $ .00 80.00 80.00 TOTAL: $ 82,899.46 183,016.36 265,915.82 IV. ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk 3(b).2 AGENDA REPORT TO: City Council October 9, 2013 FROM: Gary Crutchf anager Workshop Mtg.: 10/14/13 ii '' Regular Mtg.: 10/21/13 SUBJECT: Tourism Promoihon Area I. REFERENCE(S): 1. 2014 TPA Business and Marketing Plan (Council packets only; copy available in City Manager's office for public review) 2. 2014 TPA Budget Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/14: Presentation by Kris Watkins, President and CEO, Tri- Cities Visitor and Convention Bureau. 10/21: MOTION: I move to approve the 2014 Business and Marketing Plan and Operating Budget for the Tourism Promotion Area in the total amount of $1,060,000. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: A) The Tourism Promotion Area (TPA) was formed in late 2004 to generate and administer the proceeds of a "per room night assessment" on hotels /motels in the Tri- Cities, imposed by the hotels themselves. B) The interlocal agreement (between Pasco, Kennewick and Richland) that created the TPA requires the annual budget and expenditure from the reserve account for the TPA to be approved by the City Council. V. DISCUSSION: A) The TPA "assessment" is remitted by the hotels to the state which, in turn, distributes it to the city in which it was collected. The city is obligated to pass the funds to the TPA, for use in accordance with the approved budget. B) The TPA Commission recently requested the city approve an increase in the room assessment ($2 /night). The City Council recently approved the request, effective January 1, 2014. The increased rate throughout the Tri- Cities will provide an annual budget of $1,060,000. The proposed budget and work plan reflects the increased rate. C) Council should approve the 2014 TPA Operating Budget and Special Project Expenditures or indicate changes necessary to gain approval. 3(c) Tourism Development The Tri- Cities, being a three -to -four hour drive from major metropolitan areas, is gaining popularity for weekend get - aways, particularly for those interested in wine, golf and recreation. In recent years, interest in history and cultural tourism has also created a demand for the Tri- Cities as a destination. As tours of Hanford and the B- Reactor have become more accessible, visitors are able to plan their vacations around these events. The popularity of the tours, attracting history buffs for tours that frequently sell out the same day they are introduced, supports the idea that creating a Manhattan Project National Historical Park (including Hanford, Oakridge and Los Alamos) would have a significant impact on the future of visitor spending in the region. Inclusion as part of the National Parks System along with the Hanford Land Use Plan, which incorporates recreation, increased river access, and education on the history of Hanford, have resulted in a new way of thinking about how the Tri- Cities is marketed to the outside world. The Visitor and Convention Bureau will continue to market the traditional attractions frequently referred to as the 9 W's ", of water, weather and wine; but the potential for growth in other areas will receive increased focus as we strive to attract new visitors and increase visitor spending in the community. 2014 Actions Branding: The results of a community wide branding program are expected to be completed late in 2013. As a result, in 2014 a massive effort to introduce the new brand to visitors and the business community will take shape. This branding initiative will affect all Bureau marketing efforts and programs. • Promote the Destination: Promote increased leisure travel through development of Golf & Wine programs. Travel Tradeshows: Attend travel and golf related trade shows in key Northwest markets, such as Seattle, Spokane and British Columbia. Materials: Develop marketing materials for golf packaging; pairing hotels and local golf courses to offer seamless one -stop shopping for consumers. • Advertise: Continue advertising campaigns to promote the Tri- Cities as a leisure travel destination. • Social Media: The Bureau has developed quite a following on both Facebook and Twitter which can be used to promote the Tri- Cities. 24 • Relationships: Attend industry events for the development of wine tourism in our region, including promotion of the Columbia, Yakima and Red Mountain Appellations. Hanford Land Use: The Bureau will continue to take an active role in developing and executing a Hanford Land Use Plan and will continue supporting legislation to achieve National Park Status for the Manhattan National Historical Park. • Packages: Work with member hotels to showcase their existing packages both via our website and to travel media. • increasing Communication: Implement quarterly e-mail newsletter to a targeted list of leisure travelers. Washington Wine Country: In conjunction with our partners, we will continue to market Yakima, Tri - Cities and Walla Walla as the authentic wine experience. Components will include website, advertising, media outreach and industry outreach (wineries). j U) N i b tl C O fi W � nb� n O d� a b n rn �nl > o a a 6 O r r iPo � SbR O X61 U F O F 0 � m W LL w Cs co O W 64 t v u 11 O II b w 6 O h f9 OD W m m N w ri fv � fH NL 6T U) N i b tl C O fi W � O LL I m W LL w Cs co O W 'tl' H t v u 11 O II � Y tM1 h f9 OD W m m m w w .C. °O In in ry II ry ¢ O T ry w V c i6 fQ W w w O � v Ole � IC n O 6 O W II d w O G) O O O >. O m � d i n m 0 C m - p m II b� N ri m Q 8 2 LL» m uj o 0 cz LU c cu l7 3 0 :; w Wi °� a ry0 O Z O N x OCI .0 tL/1 L tO E O1 N 3 > 3 N N O 1C J p j 5) O ¢ _ Up K V J w '-W j hs O a + O ro 4 O o o v U 0 v U a ro� �NQ o j U) N i Budget Summary �rr'u'1:�1 .tf9i.i'�.T"DS'e;d'� �7iMi{7 D$Y9➢ ��r'i)3f'iC�'i(']C79➢ {�$Sk 'wL'7 ?�!i'$ Expenditures 2013 42°x6 paoposed 203,4 ileveaaaaes brsdg "t Budget Hetanewick �357,000 42% $466,400 44% Pasco $3.87.000 22% $7.43,800 23% 1f.ichianri $306,000 36% $349,800 33% Total: $850,000 100% $5.,060,000 10010 Expenditures $358,162 42°x6 $402,417 381 Group Markets City Wide Conventions Associations Corporate & Government SMERF (social, military, education, religious, fraternal) Sports Mousing & Groups Services $57,762 7% $59,362 5.6% Tourism Developnient $130,313 21.4% $302,063 28.8% Administration $173,763 21% $]37.,3,63 17% (administrative staff, office supplies, rent, telephone postage, equipr'nent rnauntenance, etc.) Opportunity hinci $50,000 5.9% $90,000 0,5% F6ce.ue777tGrg1R'rotessiorras $22,000 2,6 °/n $12,000 2% Capital C'xpeiidiliir 5 $3,000 ,40% $3,000 0.1% Ioxai: $3s0,f100 I 100°/r, $7,060,0011 100 %: 26 AGENDA REPORT FOR: City Council October 3, 2013 F TO: Gary Crutchfi anager Workshop Mtg.: October 14, 2013 Regular Mtg.: October 21, 2013 FROM: Rick Terway, Director, Ad ative & Community Services SUBJECT: City Hall Repairs I. REFERENCE(S): 1. PSA Summary Sheet — Vineyard Country Building and Design Inc. 2. PSA Summary Sheet — Matheson Painting Inc. II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/14: Discussion 10/21: MOTION: I move to approve the Professional Service Agreement with Vineyard Country Building and Design Inc. for repairs to City Hall exterior and, further, authorize the City Manager to sign the Agreement. MOTION: I move to approve the Professional Service Agreement with Matheson Painting Inc. for repairs to City Hall exterior and, further, authorize the City Manager to sign the Agreement. III. FISCAL IMPACT: General Fund IV. HISTORY AND FACTS BRIEF: A) City Hall was built in 1922 as Pasco High School and in 1954 it became McLoughlin Junior High. The City renovated the facility in 1995 and it became Pasco City Hall. At that time both the interior and exterior were renovated/remodeled to current day standards and is what we use today. The exterior area located at the front of the building has come to the end of its life and is in need of repair. V. DISCUSSION: A) The decorative front (cream colored area) as you enter City Hall from 3rd Avenue is separating or spauling off the building. This is a safety hazard since it is above the main entrance. Moisture and the extreme temperatures we experience have caused cracking and finally total failure in places. CKJT Architects, the firm that was contracted for the remodel, has looked at the deterioration and affirms staff s recommendation. B) The repairs involve sand blasting the loose material off the building, replacing it with new material (which should have a longer life than the materials used in 1995) and repainting. C) Staff recommends approval of the agreements with Vineyard Country Building and Design hic. and Matheson Painting Inc. 3(d) Professional Services Agreement (Summary Sheet) Project: City Hall Exterior Repairs Consultant: Vineyard Country Building, and Design Inc, Address: PO Box 2773 Pasco WA 99302 Scope of Services: Replace loose material to conform to current design. Repair areas as needed and apply stucco material to building Term: November 1, 2013 Completion Date: Payments to Consultant: Z Other: $16,620 w/o sales tax upon completion of work Insurance to be Provided: 1. Commercial General Liability: ® $1,000,000 each occurrence; 0 $2,000,000 general aggregate. 2. Professional Liability: ® $1,000,000 per claim; N $1,000,000 policy aggregate limit. Other Information: Proiect is weather dependent and may have to be completed in the spring Professional Services Agreement (Summary Sheet) Project: Citv Hall Exterior Repairs Consultant: Matheson Painting Inc Address: 615 S Oregon Ave Pasco WA 99301 Scope of Services: Sandblasting & recovery of loose material Term: November 1, 2013 Completion Date: Payments to Consultant: N Other: $13.350 w/o sales tax upon completion of work Insurance to be Provided: 1. Commercial General Liability: N $1,000,000 each occurrence; N $2,000,000 general aggregate. 2. Professional Liability: N $1,000,000 per claim; N $1,000,000 policy aggregate limit. Other Information: Proiect is weather dependent and may have to be completed in the spring AGENDA REPORT FOR: City Counci 1 October 8, 2013 TO: Gary Crutchfiel tianager Workshop Mtg.: 10/14/13 3 Regular Mtg.: 10/21/13 FROM: Rick White, Community & Economic Development -Zv� Director SUBJECT: Recreational Mariivana (MF# CA2013 -005) I. REFERENCE(S): 1. Proposed Resolution H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/14: DISCUSSION XX 10/21: MOTION: I move to approve Resolution JS1iP, with a 12 month term that adopts findings in support of retention and extension of the moratorium on the issuance of licenses relating to recreational marijuana. M. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. In 2012, Initiative 502 (I -502) legalizing the recreational use of marijuana was approved by the electorate. I -502 establishes a system, overseen by the State Liquor Control Board (LCB), to license, regulate and tax the production, processing and sale of marijuana. The licensing of marijuana production, processing and sales will be handled by the LCB similar to the process for liquor licenses. B. The LCB has announced that rules for production, processing and retail sales of marijuana will be effective on November 16, 2013 and that the LCB will accept applications for all license types on November 18, 2013. C. The State operating budget has directed the LCB to work with the Departments of Revenue and Health to develop recommendations to the Legislature regarding the interaction of medical marijuana and the recreational marijuana system. The deadline for these final recommendations is January 14 'h, 2014 so the recommendations are available for the 2014 Legislative Session. D. City Council approved Resolution 3507 on September 3, 2013 establishing a moratorium on City issuance of all types of licenses related to recreational marijuana. V. DISCUSSION: A. Issuing city business licenses for possession and sale of marijuana conflicts with Federal law as marijuana is currently a Schedule 1 drug under the Federal Controlled Substances Act. As a controlled substance, the possession, sales, production and processing of marijuana is illegal at the Federal level. B. Statewide - there is a great amount of uncertainty on the direction of local regulations regarding this issue. Pasco's moratorium is intended to provide adequate time to clarify the Federal position on recreational marijuana, research other examples of local regulations, learn from the experiences of other municipalities that have adopted local regulations, and incorporate any new legislative directives as a result of the 2014 Legislative Session. C. Once the 2014 State Legislative Session has concluded, staff will finalize proposed regulations with the Planning Commission and return to Council with a recommended set of local regulations. D. The proposed resolution extends the moratorium until September 1, 2014. The work plan contained in the resolution depicts the staging expected for adoption of appropriate regulations for recreational and medical marijuana use. The moratorium will expire upon adoption of regulations by Council. 3(e) RESOLUTION NO. 3S 1 tp A RESOLUTION OF THE CITY OF PASCO ADOPTING FINDINGS IN SUPPORT OF RETENTION OF THE MORATORIUM PROHIBITING PRODUCING, PROCESSING AND RETAIL SALES OF RECREATIONAL MARIJUANA WITHIN THE CITY. WHEREAS, Initiative 502 was passed by the voters of the State of Washington in November 2012 providing a framework which marijuana producers, processors, and retailers can become licensed by the State of Washington; and WHEREAS, under Initiative 502, the Washington State Liquor Control Board (Board) is tasked with the responsibility to adopt regulations governing the licensing and operation of marijuana producers, processors, and retailers, and the Board is currently working on the regulations and is projecting that the regulations will be issued later this year; and WHEREAS, collective gardens and marijuana production, processing, and retailing uses must be addressed in the City's zoning code, but the impacts of these uses are still largely unknown and the regulations that the City will need to address them are uncertain pending the Board's adoption of its licensing regulations and procedures; and WHEREAS, possession and use of marijuana for any purpose, including medical use, remains illegal under Federal Law. Marijuana is listed as a Schedule I drug under the Federal Controlled Substance Act; and WHEREAS, there are several lawsuits pending, which would eventually impact regulations related to marijuana production, distribution, sales and use; and WHEREAS, it is anticipated that producing, processing, and retail sales of recreational marijuana may increase the risk to health and safety, require increased police and code enforcement activities, and affect the use and enjoyment of surrounding properties without appropriate regulations; and WHEREAS, unless the City addresses production, processing and retail sales of marijuana, and other marijuana- related uses, such uses may be able to locate in the city without regulation and thereby have adverse impacts on the City and its citizens; and WHEREAS, the City intends to develop appropriate zoning and land use regulations to accommodate the production, processing, and retail sales of recreational marijuana to the extent such activities do not conflict with Federal Law; and WHEREAS, The Liquor Control Board and Departments of Revenue and Health are directed to make recommendations to the State Legislature in January of 2014 regarding the interaction of laws relating to recreational and medical use of marijuana; and WHEREAS, the City Council has determined that it is in the best interest of the City that a moratorium be established to provide the City an opportunity to study appropriate regulations for production, processing and retail sales of recreational marijuana and to develop a work plan for the implementation of such regulations that comply with State and Federal Law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Resolution - 1 Section 1. The City of Pasco makes the following findings: A. The City of Pasco does not currently have specific regulations addressing the conditions or locations of recreational marijuana producing, processing or retail facilities within the City. B. The City adopted a moratorium on the issuance of all types of licenses regarding recreational marijuana through Resolution 3507 on September 3`d, 2013. C. The City conducted a public hearing on the propriety of the moratorium in an effort to provide the opportunity for public comments on October 7 °1, 2013 and heard testimony from I citizen expressing concern over a moratorium on recreational marijuana with a prohibition on medical marijuana already in place. D. The City Council fords that zoning, licensing, and permitting regulations should be established in corroboration with recommendations stemming from the 2014 State Legislative session. E. The City must ensure that proposed locations for producers, processors and retail sales of marijuana do not cause secondary impacts to existing land uses — including burglaries, theft, trespass or public use of marijuana. F. The City has developed a work plan for the development of regulations regarding recreational marijuana attached to this Resolution as Exhibit "A." Section 2. Moratorium Retained. The moratorium imposed by Resolution 3507 on September 3rd, 2013 is retained prohibiting the issuance of all types of licenses relating to recreational marijuana within all zoning districts of the City of Pasco. Section 3. Term of the Moratorium. The moratorium established by Resolution 3507 shall continue in effect for a period extending to September 1, 2014, unless repealed, extended or modified by the City Council after a public hearing and the entry of appropriate findings of fact as required by RCW 35A.63.220, provided that the moratorium shall automatically expire upon the effective date of regulations adopted by the City Council to address producing, processing, and retail sales of recreational marijuana within the City of Pasco. Section 4. Effective Date. This Resolution shall be in full force and effect upon its passage and signature below. PASSED by the City Council of the City of Pasco, Washington, as its regular meeting dated this day of 2013. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk Resolution - 2 APPROVED AS TO FORM: Leland B. Kerr, City Attorney EXHIBIT "A" October 2013 Recreational Marijuana Work Plan The following steps are intended to identify the expected process of creating legislation unique to the City of Pasco's needs and legislative priorities. 1. Research cities /states with similar circumstances /laws pertaining to recreational marijuana. 2. Research Washington Cities Insurance Association, Association of Washington Cities and the Municipal Research and Service Center to determine latest developments, cautions, examples and experiences in regulation of recreational marijuana. 3. Research current State law and reconcile the discrepancy of federal laws concerning cultivation /production, processing and retail sale of recreational marijuana, the question of precedence of State versus federal law and the risk of prosecution to City personnel implementing State law. 4. Involve City Departments to determine the extent and degree of intervention needed from permitting, licensing, taxation, code enforcement, crime prevention, public safety (police and fire protection) and zoning standpoints. 5. Research the degree of consistency for regulation desired/needed from Benton and Franklin counties and the cities if Kennewick, Richland and West Richland, and meet with these jurisdictions as necessary to coordinate efforts. 6. Prepare interim report to City Council on progress of the work plan and anticipated timeline for completion, and present to City Council after the conclusion of the 2014 State legislative session. 7. Develop draft legislative alternatives for regulating the production, processing and sale of recreational marijuana. 8. Review with City management and revise as directed. 9. Conduct public workshops with the Planning Commission and revise draft regulatory alternatives as needed. 10. Review developing State legislative amendments to State law concerning the production, processing and sale of recreational marijuana. Consider extension of the moratorium and adjustment of the work plan as necessary. 11. Conduct formal public hearing(s) with the Planning Commission to determine the Commission's recommendation to City Council. 12. Present the recommended legislation to City Council at a Workshop. 13. Return to City Council for formal action as directed. REVENUE SOURCES TAXES: PROPERTY SALES PUBLIC SAFETY UTILITY OTHER LICENSES & PERMITS INTERGOV'T REVENUE CHARGES FOR SERVICES FINES & FORFEITS MISC. REVENUE OTHER FINANCING SOURCES TOTALREVENUES BEGINNING FUND BALANCE TOTALSOURCES * 1:12IQIOl CITY COUNCIL MUNICIPAL COURT CITY MANAGER POLICE FIRE FIRE- RETRO' ADMIN & COMMUNITY SVCS COMMUNITY DEVELOPMENT ENGINEERING MISC. NON - DEPARTMENT LIBRARY TOTAL EXPENDITURES ENDING FUND BALANCE TOTAL EXPEND & END FUND BAL GENERAL FUND OPERATING STATEMENT THROUGH SEPTEMBER 2013 YTD 2013 % OF YTD 2013 ORIGINAL ANNUAL 2012 ACTUAL BUDGET BUDGET ACTUAL 3,761,450 7,108,398 842,006 5,927,153 848,793 1,323,843 1,456,739 3,487,865 696,315 474,348 121,224 26,048,134 8,546,455 34, 594, 589 80,122 1,026,196 753,547 8,541,739 3,332,326 862,171 4,836,061 910,983 1,213,619 3,577,150 862,978 25,996,892 6,400,000 8,195,000 1,000,000 7,798,000 1,065,000 1,108,200 1,495,150 4,498,459 794,650 631,450 1,295,303 34,281,212 7,573,573 41,854,785 58.8% 86.7% 84.2% 76.0% 79.7% 119.5% 97.4% 77.5% 87.6% 75.1% 9.4% 76.0% 82.7% 3,528,690 6,483,260 387,070 6,082,579 821,495 1,345,098 1,544,238 3,044,449 609,217 572,422 122,108 24,540,626 10,649,694 zF ion zon TOTAL 2012 BUDGET 6,200,000 8,265,000 0 6,526,660 2,260,000 1,093,700 1,679,700 4,531,330 977,200 673,245 138,000 32,344,835 10,143,620 42,488,455 % OF TOTAL ACTUAL 56.9% 78.4% 93.2% 36.3% 123.0% 91.9% 67.2% 62.3% 85.0% 88.5% 75.9% 82.8% 121,315 66.0% 84,088 118,807 70.8% 1,376,639 74.5% 971,088 1,332,334 72.9% 962,755 78.3% 709,374 951,034 74.6% 12,096,846 70.6% 8,024,930 11,451,115 70.1% 4,431,366 75.2% 3,165,023 4,164,541 76.0% 6,022,454 80.3% 4,749,092 6,201,703 76.6% 1,332,076 68.4% 860,153 1,208,878 71.2% 1,535,558 79.0% 948,042 1,514,469 62.6% 8,125,335 44.0% 5,050,545 7,469,966 67.6% 1,148,380 75.1% 859,711 1,148,380 74.9% 37,152,724 70.0% 25,422,046 35,561,227 71.5% 8,597,697 4,702,061 34,594,589 41,854,785 AVAILABLE CASH BALANCE 6,705,365 PERCENTAGE OF BUDGET ALLOCATED FOR 9 MONTHS 75% These statements are intended for Management use only. 'Settlement of fire contract resulted in one time payment of back wages and benefits. 9,768,274 6,927,228 35,190,320 42,488,455 7,960,305 6(b) AGENDA REPORT TO: City Council FROM: Gary Crutchfi 4anager i SUBJECT: Water Extensi* Agreement (Burns/Kohler Roads) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Agreement October 10, 2013 Workshop Mtg.: 10/14/13 Regular Mtg.: 10/21/13 H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/14: Discussion 10/21: MOTION: I move to approve the water system extension agreement with Big Sky LLC and Ted Tschrky and, further, authorize the City Manager sign the agreement. M. FISCAL IMPACT: Water Utility Fund ($290,000) IV. HISTORY AND FACTS BRIEF: A) Owners of two parcels of land in the northwest quadrant of the Pasco Urban Growth Area (UGA) have planned for residential development of their respective parcels. Both parcels are currently outside the city boundaries but within the Pasco UGA. Consequently, they have determined it most appropriate for their developments to extend city water for domestic use. Doing so allows half -acre lots with septic tanks, rather than one -acre lots with septic tank and on -site well. Franklin County has approved the zoning to accommodate half -acre lots dependent on city water service and is scheduled to approve the first plat later this month. B) The developers (Big Sky LLC and Ted Tschrky) have coordinated with city staff over the past several months to identify an appropriate extension of the city's water system. A water extension agreement has been drafted to memorialize the obligations of the developers and the city, respectively, in terms of cost - sharing for the extension as well as design requirements, annexation agreements and water rights. In essence, the developers will pay the cost equivalent to an 8" waterline (minimum size) the entire length of the extension, while the city will pay the equivalent cost of "oversizing" the waterline (to 12" and 16" sizes) so it can function as a distribution main for the water system and serve the larger vicinity in the future (this will avoid duplicate line installations in the future). C) The city's share of the extension project will not exceed $290,000, or about 43 percent of the total project cost. The developers will pay the balance of the project costs and the city will provide them a "latecomer agreement", whereby future connections to the water main will reimburse the developers their fair share of the developers' expense not attributable to their own properties. Participation in the developers' extension results in a much lower cost project, as it is a private project not subject to prevailing wages; consequently, the city's cost is likewise lower. D) The agreement includes provision to ensure the developments provide for or offset their consumption of the limited pool of water rights owned by the city. The calculation of average domestic use by a home which has separate lawn irrigation water is .45 acre -feet. At a market value of $1,500 per acre -foot, that represents approximately $700 per dwelling unit. The agreement provides for payment of that amount before the city accepts the waterline improvements. However, staff intends to propose an ordinance for Council consideration in the near future to establish that fee as part of the cost of connecting a new home outside the city boundary to the city's water system (currently, new homes outside the city are not compensating the city for the water rights they are consuming). 10(a) V. DISCUSSION: A) The proposed agreement ensures appropriate extension of the city's water system to a portion of its UGA that is quite likely to experience growth over the next decade. If not extended, development will either not occur at all or will occur with wells and septic tanks on one acre lots. The latter scenario would frustrate the logical extension of the water system over time, eventually increasing costs for rate payers and retarding development values. B) Staff recommends approval of the extension agreement as presented. I WATER SYSTEM EXTENSION AGREEMENT THIS WATER SYSTEM EXTENSION AGREEMENT is entered into this day of October, 2013, by and between Big Sky Developers, LLC, a Washington Limited Liability Company (hereinafter referred to as Big Sky), Ted Tschirky, an Individual (hereinafter referred to as Tschirky), and the City of Pasco, Washington, a Washington Municipal Corporation (hereinafter referred to as "City "), for the purpose of extending water system improvements for the benefit of the properties to be developed by Big Sky and Tschirky. WHEREAS, Big Sky has entered into negotiations to purchase and develop certain real property adjacent to Kohler Road, north of Burns Road for residential use, known as Spencer Estates, and said real property is situated within the Pasco Urban Growth Area as designated by Franklin County; and WHEREAS, Tschirky owns certain real property adjacent to Dent Road, north of Burns Road, and desires to develop the property for residential use and said real property is situated within the Pasco Urban Growth Area as designated by Franklin County; and WHEREAS, both Big Sky and Tschirky desire to have City of Pasco water service extended to the developed properties for domestic use; and WHEREAS, Big Sky and Tschirky are committed to constructing a water system trunk line extension and distribution lines to the proposed developments as described in Exhibit A, and then dedicate the waterlines and appurtenances to the City; and WHEREAS, the City of Pasco possesses the capacity to provide water utility services to citizens and real properties within its municipal boundaries and its urban growth boundaries; and WHEREAS, the City of Pasco's long range water plan provides for the systematic extension of water utilities throughout the City's urban growth area; and WHEREAS, the parties desire, by this cooperation agreement, to jointly participate in the cost of the waterline construction that provides benefits to all parties and their respective properties. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. BIG SKY OBLIGATIONS. Big Sky shall: A. In cooperation with Tschirky, provide the complete design of the proposed water system extension, as described in Exhibit A and Exhibit C, by a Professional Engineer registered to practice Engineering in the State of Washington. The water system design shall include pipe and all appurtenances from a connection point with the Water System Extension Agreement — Big Sky Developers, LLC & Ted Tschirky Page 1 October 10, 2013 City's existing system at the intersection of Burns Road and Broadmoor Boulevard (Road 100), and extending west along Burns Road to the intersection of Kohler Road. The design shall also include the waterline extensions north along Kohler Road and Dent Road. The design of the water system extensions shall be in accordance with the latest City of Pasco requirements and standards including any adopted or referenced state and federal requirements and standards. The engineering design, construction plans and specifications shall be submitted to the City for review and/or approval at the 60% and Final stages of design. B. From the design, as approved by the City, construct the system extensions including all valves, hydrants and appurtenances in accordance with applicable City, state and federal standards and requirements. C. Be responsible for one - fourth (25 1/o) the cost of the design of the water system extension along Burns Road between Broadmoor Boulevard (Road 100) and Dent Road, one -half (50 %) the cost of design of the water system extension along Burns Road from Dent Road to Kohler Road, and one -half (50 %) the cost of the design of the water system extension along Kohler Road, as described in Exhibit B. Big Sky shall assume Tschirky costs in excess of Tschirky's maximum total limit of $80,000 plus Washington State Sales Tax. D. Be responsible for the costs associated with the finnishing of materials and labor, and construction of the equivalent of an 8 -In. diameter pipeline including valves, hydrants and associated appurtenances necessary to provide adequate domestic water service to the proposed development, as follows: along Burns Road between Broadmoor Boulevard (Road 100) and Dent Road — 50 %; along Burns Road between Dent Road and Kohler Road — 100 %; and along Kohler Road — 100 %, as described in Exhibit B. Big Sky shall assume Tschirky costs in excess of Tschirky's maximum total limit of $80,000 plus Washington State Sales Tax. E. Shall at its own cost and efforts secure all reviews, approvals and permits from any and all applicable jurisdictions, and pay all associated fees. F. Shall execute all deeds, documents, permits, annexation agreements and checklists necessary for the permitting and conveyance of property and construction of the system extension described above and the performance of this Agreement. G. Shall, prior to City acceptance of the waterline improvements contemplated herein, provide the City certificated surface water rights within the McNary Pool equal to one -third acre -foot per platted lot contained within the respective development or a payment to the city in an amount equal to $700 for each platted lot contained within the respective development, unless mutually agreed otherwise in writing prior to City acceptance of the improvements. Water System Extension Agreement — Big Sky Developers, LLC & Ted Tschirky Page 2 October 10, 2013 H. Enter into a Latecomer's Agreement with the City, to provide for future reimbursement of incurred costs from owners /developers of property who desire to connect but did not contribute to the costs of the water system extension improvements. 2. TSCHIRKY OBLIGATIONS. Tschirky shall: A. In cooperation with Big Sky, provide the complete design of the proposed water system extension by a Professional Engineer registered to practice Engineering in the State of Washington. The water system design shall include pipe and all appurtenances from a connection point with the City's existing system at the intersection of Bums Road and Broadmoor Boulevard (Road 100), and extending west along Burns Road to the intersection of Kohler Road. The design shall also include the waterline extensions north along Kohler Road and Dent Road. The design of the water system extensions shall be in accordance with the latest City of Pasco requirements and standards including any adopted or referenced state and federal requirements and standards. The engineering design, construction plans and specifications shall be submitted to the City for review and/or approval at the 60% and Final stages of design. B. Be responsible for one - fourth (25 %) the cost of the design of the water system extension along Burns Road between Broadmoor Boulevard (Road 100) and Dent Road, and one -half (50 %) the cost of the design of the water system extension along Dent Road, except as limited by a total maximum expenditure as described in Exhibit B. C. Be responsible for the costs associated with the furnishing of materials and labor, and construction of the equivalent of an 8 -In. diameter pipeline including valves, hydrants and associated appurtenances necessary to provide adequate domestic water service to the proposed development, as follows: along Burns Road between Broadmoor Boulevard (Road 100) and Dent Road — 50 %; and along Dent Road — 100 %, up to the total maximum limit of $80,000 plus Washington State Sales Tax as described in Exhibit B. D. Shall at its own cost and efforts secure all reviews, approvals and permits from any and all applicable jurisdictions, and pay all associated fees. E. Shall execute all deeds, documents, permits, annexation agreements and checklists necessary for the permitting and conveyance of property and construction of the system extension described above and the performance of this Agreement. F. Enter into a Latecomer's Agreement with the City, to provide for future reimbursement of incurred costs from owners /developers of property who desire to connect but did not contribute to the costs of the water system extension improvements. G. Shall, prior to City acceptance of the waterline improvements contemplated herein, provide the City certificated surface water rights within the McNary Water System Extension Agreement — Big Sky Developers, LLC & Ted Tschirky Page 3 October 10, 2013 Pool equal to one -third acre -foot per platted lot contained within the respective development or a payment to the city in an amount equal to $700 for each platted lot contained within the respective development, unless mutually agreed otherwise in writing prior to City acceptance of the improvements. 3. CITY OBLIGATIONS. City shall: A. Process in its usual course, Big Sky's and Tschirky's applications for plan review and permits associated with the water system extension project as described above and in Exhibit A, in a timely manner. B. Provide project design criteria, and determine the size of pipe, spacing of isolation valves and hydrants and other appurtenances required to maintain the integrity of the City's water system. C. Provide timely reviews of the engineering design, construction plans and specifications at the 60% and Final submittals. D. Provide inspection services during the course of construction consistent with the level of effort utilized on other capital and development projects within the City, or as may be required to ensure the required quality of the completed work. E. Be responsible for one -half (50 %) of the costs of design of the water system extension. The City's share of the design and construction engineering and inspection costs shall not exceed $20,100. F. Be responsible for the incremental increase in cost between an 8 -In. pipe system and the actual pipe size required, as estimated in the construction cost estimates prepared by Einar Frimodt, IV and provided by Big Sky in March 2013, and as summarized in Exhibit B. The City's share of the construction costs shall not exceed $269,688, including Washington State Sales Tax. G. Be responsible for a share of the total costs associated with this Agreement, including design engineering, construction, inspection, and incidentals as described hereinbefore, not to exceed $289,788, except as may be negotiated and agreed upon by both parties, in writing, by amendment to the Agreement. H. Upon satisfactory completion of the improvements described above, accept the dedication of the water system improvements as described in Exhibit A and Exhibit C, and by Council resolution accept ownership thereof, and maintenance and operation of the improvements thereafter. I. Enter into Latecomer's Agreements with Big Sky and Tschirky, to provide for future reimbursement of incurred costs from owners /developers of property who Water System Extension Agreement — Big Sky Developers, LLC & Ted Tschirky Page 4 October 10, 2013 desire to connect but did not contribute to the costs of the water system extension improvements. J. Construct as a separate capital project, a 16 -inch diameter water trunk main from the Broadmoor Storage Tank and Pump Station to connect with the system extension being constructed under this agreement. 4. TERM. This Agreement shall be effective commencing on the day of October, 2013, and all improvements, conveyances and obligations of the parties shall be complete on or before July 1, 2014. The Agreement shall terminate on August 1, 2014, or with the completion and acceptance of the water system extension improvements, whichever is sooner. 5. AUTHORITY TO APPROVE AGREEMENT. The parties represent and warrant that all steps necessary for the approval of this Agreement have been completed by: A. Big Sky Developers, LLC by its Managing Member. B. Ted Tschirky, Individual Property Owner C. City of Pasco by the Pasco City Council. The officers signing below are authorized to do so and that the execution of this Water System Extension Agreement is valid and binding for all purposes. 6. DISPUTE RESOLUTION. In the event of a dispute between the parties regarding the interpretation, breach or enforcement of this Agreement, the parties shall first meet in a good faith effort to resolve the dispute by themselves or with the assistance of a mediator. The remaining dispute shall be resolved by arbitration pursuant to RCW 7.04A, the Mandatory Rules of Arbitration (MAR), with all parties waiving the right of a jury trial upon de novo review, with the substantially prevailing party being awarded its reasonable attorney fees and costs against the other. 7. GENERAL PROVISIONS. A. This Water System Extension Agreement constitutes the entire agreement between the parties, and no prior oral or written agreement shall be valid, and any modifications of this Agreement must be in writing signed by all parties. B. This Water System Extension Agreement shall be binding on the parties, and their heirs, successors and assigns. Water System Extension Agreement — Big Sky Developers, LLC & Ted Tschirky Page 5 October 10, 2013 C. For the purpose of this Agreement, time is of the essence. 8. MUTUAL COOPERATON AND FURTHER AGREEMENTS,. The parties agree to cooperate in good faith, with regard to each and every aspect required for the completion of the construction of the roadway which is the object of this Agreement, and the transfer of property, and to further sign all documents, deeds and permits reasonably necessary to accomplish the purposes of this Agreement. DATED this CITY OF PASCO Gary Crutchfield City Manager day of BIG SKY DEVELOPERS, LLC Dave Greeno Managing Member , 2013. TED TSCHIRKY Ted Tschirky Property Owner Water System Extension Agreement — Big Sky Developers, LLC & Ted Tschirky Page 6 October 10, 2013 EXHIBIT A CITY OF PASCO WATER SYSTEM EXTENSION IN NORTHWEST CITY URBAN GROWTH AREA DESCRIPTION OF PROJECT Introduction: For the past several months, Mr. Dave Greene of Big Sky Developers, LLC and Mr. Ted Tschrky, a private landowner, have been discussing development plans, with the City, for parcels of land on Kohler Road and Dent Road, north of Burns Road, west of the City. Mr. Greeno and Mr. Tschrky propose to develop the land for large lot single - family residential purposes. Both have approached the City of Pasco and requested that the City provide domestic water service for the developments. At a meeting on February 22, 2013, Mr. Greene presented a cost estimate for the waterline extension along with a proposal of cost sharing percentages. Since that time, the City, Mr. Greene and Mr. Tschrky have been in discussions with regard to the feasibility of providing City water system extension improvements to the sites and the potential cost sharing options. Both developments are located within the City of Pasco Urban Growth Area, although outside the Pasco City Limits. Project Description: The proposed project will extend City of Pasco domestic water service from the Broadmoor Tank and Pump Station (located on Broadmoor Boulevard, near Nottingham Drive) north to Burns Road, then west along Bums Road to the intersection of Kohler Road. hi addition, service will be extended north approximately 1,000 feet along both Kohler Road and Dent Road. For the purposes of planning and estimating the project elements and costs, the project has been divided into five (5) segments, as follows: • Segment A - 16 -inch diameter water system trunk line extending approximately 5,280 LF along Burns Road from Broadmoor Boulevard to Dent Road; • Segment B - 12 -inch diameter watermain along Dent Road for a distance of approximately 1,000 LF north of Burns Road; • Segment C - 16 -inch diameter water system trunk line extending approximately 2,640 LF along Bums Road between Dent Road and Kohler Road; • Segment D - 12 -inch diameter watermain along Kohler Road extending north of Burns Road approximately 960 LF; • Se ent E - Connection to the Broadmoor Tank and Pump Station and extension of approximately 660 LF of 16 -inch diameter water system trunk line along Broadmoor Boulevard to Burns Road. The water system extension will include necessary inline isolation valves, fittings, fire hydrants and other appurtenances as determined by the City of Pasco. Design and construction will be in accordance with all current applicable City of Pasco standards and requirements and all applicable state and federal standards and requirements as may be adopted or referenced by the City. The water system trunk line alignment Exhibit A - Big Sky Developers, LLC & Ted Tschrky Page 1 October 4, 2013 will be located as determined by the City and in coordination with Franklin County. Franklin County currently owns the right -of -way along Burns Road, Kohler Road and Dent Road. General Cost Sharing Proposal: All parties have negotiated a cost sharing arrangement that generally provides for the following: • Design — The City of Pasco will share 50% of the cost of design, topographical survey, preparation of construction documents, construction survey, and City construction inspection efforts for the work associated with the water system extensions as defined in Segments A through D, above. Big Sky Developers, LLC and Ted Tschrky will be responsible for the other 50% of the costs in proportion to the estimated footage of pipe necessary to serve their respective developments. Construction — Big Sky Developers, LLC and Ted Tschrky will be responsible for the entire cost of the equivalent of an 8 -inch pipe system for Segments A through D, as defined above. The City of Pasco will be responsible for the cost differential to provide the large pipe system. • Segment E —The City of Pasco will construct this segment as a separate capital project because of its broader benefit to the community, and be responsible for the entire cost of this work. • Develonment specific costs — Each developer will be responsible for the costs associated with their individual developments. The City shall bear no responsibility for these costs. Exhibit A — Big Sky Developers, LLC & Ted Tschrky Page 2 October 4, 2013 / /} {{ \\ !! \{ }{ { j , - §- , §ƒ - ;:,1, _1 ! . \\ || |! § - ---- \| \ § )° | / /} {{ \\ !! \{ }{ { j gill _1 / /} {{ \\ !! \{ }{ { j .M LAS WV,- LLJ U x w w OL �y¢� qyY! q c4T% r Yi AN e L n CL m U it 1 AAA�ryyy�.,3 ko W W ;e X J Zi L3. r. ' ` T} t �.Y ..4'�i A ` ...: X J N i' . ,:.. •_ W' W W CD ��tiaaiHO� , llp, r a\vi n Ur W W LL - O O to O O c > X oC n: i W a a AGENDA REPORT FOR: City Council October 3, 2013 TO: Gary Crutchfi Manager Workshop Mtg.: October 14, 2013 Regular Mtg.: October 21, 2013 FROM: Rick'- -- , hector, Administra e & Community Services SUBJECT: Road 60 and Three Rivers Dr. Park Architectural Services I. REFERENCE(S): 1. Vicinity Map 2. PSA Summary Sheet II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/14: Discussion 10/21: MOTION: I move to approve the Professional Services Agreement with CKJT Architects for design of the Road 60 and Three Rivers Drive park and, further, authorize the City Manager to sign the Agreement. III. FISCAL IMPACT: $35,980 — Park Impact Fees IV. HISTORY AND FACTS BRIEF: A) It has been the practice of the City when the joint construction of a new school and park take place, for the City to contract with the same firm that is designing the school to allow for project coordination. CKJT Architects is that firm. In 2004 the City and the School District entered into an Interlocal agreement which defines the relationship between the District and the City for each project site, this project will be `Schedule 3' to that agreement. V. DISCUSSION: A) The agreement is for the design of the park located at Road 60 and Three Rivers Drive. After design phase is complete, CKJT will follow the project through the construction phase to completion. The City portion of the project is bid with the school and the City will reimburse the school district for the construction cost that relate to the City's portion of the project. Staff will be coming back to Council for approval of the construction phase once the project is bid and approval of the addendum (Schedule 3) to the Interlocal agreement. B) Staff recommends the approval of the agreement with CKJT Architects. 10(b) W CO V i 1..V `W W 1/W 1� P Professional Services Agreement (Summary Sheet) Project: Road 60 and Three Rivers Drive Park Proiect Consultant: CKJT Architects Address: 128 Vista Wav Kennewick WA 99336 Scope of Services: Desi¢n and construction monitorine for a new Dark at Road 60 and Three Rivers Drive. This is a ioint Droiect with the Pasco School District. This Droiect is included in the CIP Budeet and the Citv's Park Plan. Term: November 1, 2013 Completion Date: December 2015 Payments to Consultant: ® Other: $35,980 Insurance to be Provided: 1. Commercial General Liability: ® $1,000,000 each occurrence; ® $2,000,000 general aggregate; or 2. Professional Liability: ® $1,000,000 per claim; ® $1,000,000 policy aggregate limit; or Other Information: